Ex Parte Curry

We granted the petition for certiorari review to determine whether the Court of Civil Appeals erred in affirming the trial court's order denying worker's compensation benefits in this case. Otis Randy Curry sued Interstate Express, Inc. ("Interstate"), seeking worker's compensation benefits after he was seriously injured in a motor vehicle accident. Curry claims he was an employee of Interstate; Interstate contends that Curry was an independent contractor and was thus not entitled to benefits.

The case was tried on October 12, 1990, and the trial court held that Curry had not proved he was an…